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Blog Posts in July, 2019

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  • Florida Third DCA rules that whether City of Coral Gables’ created a dangerous condition in placement of palm trees in street median was an issue of material fact for the jury
    Florida Third DCA rules that whether City of Coral Gables’ created a dangerous condition in placement of palm trees in street median was an issue of material fact for the jury

    On July 10, 2019, in Bejarano v. City of Coral Gables , No, 3D17-2636, the Florida Third DCA reversed a summary judgment entered by the trial court for the defense in a premises liability case ...

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  • Florida Second DCA rules that Florida statutory requirement of presuit notice to prospective defendant in libel and slander cases only applies to news media, not movie and book companies
    Florida Second DCA rules that Florida statutory requirement of presuit notice to prospective defendant in libel and slander cases only applies to news media, not movie and book companies

    On July 10, 2019, in Mazur v. Baraya , No. 2D18-4268, the Florida Second DCA denied a certiorari petition by the defendants in a libel case to overturn a trial court’s ruling denying the defendants’ ...

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  • Florida Fifth DCA rules that trial court erred in excluding plaintiff’s statement to medical personnel about circumstances of motor vehicle accident
    Florida Fifth DCA rules that trial court erred in excluding plaintiff’s statement to medical personnel about circumstances of motor vehicle accident

    On June 21, 2019, in Strong v. Underwood , No. 5D17-3586, the Florida Fifth DCA reversed a jury verdict in a motor vehicle negligence case in which the defendant and the plaintiff had each been found ...

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  • Florida First DCA rules that corporate defendant was “affiliate” of nursing home entitled to invoke delegation clause in nursing home arbitration agreement
    Florida First DCA rules that corporate defendant was “affiliate” of nursing home entitled to invoke delegation clause in nursing home arbitration agreement

    On July 9, 2019, in Odum v. LP Graceville, LLC , No. 1D18-4823, the Florida First DCA affirmed a trial court order compelling arbitration based on a delegation clause in a nursing home arbitration ...

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  • Eleventh Circuit Court of Appeals rules that defendant police officer is entitled to qualified immunity in civil rights lawsuit alleging he used excessive force in accidental shooting of 10-year-old child
    Eleventh Circuit Court of Appeals rules that defendant police officer is entitled to qualified immunity in civil rights lawsuit alleging he used excessive force in accidental shooting of 10-year-old child

    On July 10, 2019, in Corbitt v. Vickers , No. 17-15566, the Eleventh Circuit Court of Appeals reversed a district court ruling denying a defendant police officer qualified immunity in a civil rights ...

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  • Florida Third DCA rules that defendant’s nominal proposal for settlement was not made in bad faith because defense had well-founded and correct belief that sovereign immunity barred lawsuit
    Florida Third DCA rules that defendant’s nominal proposal for settlement was not made in bad faith because defense had well-founded and correct belief that sovereign immunity barred lawsuit

    On June 19, 2019, in Miccosukee Tribe of Indians of Florida v. Lewis Tein , P.L ., et al. , No, 3D18-1132, the Florida Third DCA reversed a trial court’s ruling that the prevailing defendant was not ...

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